Can you get fired for not wearing your mask properly at work?

Wearing a mask does not imply that you are doing it correctly. Not fitting it properly, leaving your nose exposed, or choosing the wrong size may be sufficient reasons to consider it an act of safety violation and, therefore, grounds for termination.

BY RRHHDigital, 12:15 – 09 February 2021

The use of the mask in Spain is a mandatory regulation in Spain because it was imposed as a measure against COVID-19, however, there are still people who refuse to comply with the laws, not only in their personal routine , but also in their working environment, and this is where the main problems arise.

This is the case of a supermarket employee who, last May, was reprimanded by a customer for not wearing the mask correctly at work, especially in a fish shop. Faced with this touch of attention, the worker, unless she accepted the mistake and put on the mask correctly, began to reprimand the client. “If you don’t like it, go”, “You are not a policeman to tell me what I can do” or “If you want we can fix it on the street, without a uniform”, here are some- some of the words used by the worker to designate the person who criticized her. Finally, this episode led to a disciplinary dismissal by the company itself.

Faced with this decision, the dismissed person sued the company, considering that there were insufficient grounds and that it was a “disproportionate” measure. However, the magistrate of the Social Court No. 6 of Santander now considers that this is an appropriate dismissal, as the actions of the worker at the time fall into the category of very serious offenses.

Breach of safety rules, reason for dismissal

In this specific case, both the company and the social court magistrate considered that the employee had committed three serious offenses:

Violation of safety rules. The head of the court argues that the woman “was providing services with an unpackaged product, fish, so that the regulations on the prevention of occupational hazards forced her to use the mask correctly, covering her mouth and the nose.” Lack of respect or consideration for the public. From the court, they say that “he ignores the request of a customer and the manager of the store, addressing them with a threatening tone” Bad words and abuse of acts, abuse of authority and lack of respect and consideration for the ‘team and the general public

Although it may seem like an extreme case, the initial reason that led to this drastic decision was the misuse of the mask in the workplace. For this reason, and for your health and that of everyone, it is important that you remember these three basic tips for properly applying the mask:

Wash your hands for at least 20 seconds before handling Put on the mask so that it completely covers the nose, mouth and chin, with no gaps on the sides of the nose or on the cheeks Press the metal bar at the height of the nose to adjust it

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